Accommodating children of all abilities.

• Author: Luhtanen, Melissa
• Position: FEATURE on law and schools

Schools have a responsibility to accommodate students with disabilities. This is mandated by the Charter of Rights and Freedoms and provincial human rights law, and has been integrated into legislation governing schools, as well as policies of school boards, teacher associations, and provincial education ministries. Accommodation of children with disabilities in a school setting is a matter of policy and law. Finding an appropriate accommodation for a particular disability, however, is not always a clear-cut process. This article addresses the issue of accommodating children with disabilities in Alberta schools.

One place where students can find their right to accommodation is in the Alberta Human Rights, Citizenship and Multiculturalism Act, 2000 (the 'Human Rights Act'). It protects against discrimination in goods, services, accommodation, and facilities. Disability is defined broadly under section 44 (1).

Mental disability means "any mental disorder, developmental disorder or learning disorder, regardless of the cause or duration of the disorder."

Physical disability means "any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes epilepsy, paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, and physical reliance on a guide dog, wheelchair or other remedial appliance or device."

Often the potential for discrimination originates from a rule within the school that looks as if it is applied equally to all students, but in reality could lead to discrimination. For instance, requiring students to read and write tests without assistance presents barriers to someone who is legally blind. In examining a potentially discriminatory rule or standard that has been instituted in a school, the Supreme Court of Canada has outlined a three-part test to decide whether a service is reasonable and justifiable under the circumstances. This test was applied in British Columbia (Public Service Employee Relations Commission) v. British Columbia Government and Service Employees' Union, 1999.

* Is the policy, rule or standard rationally connected to its objective?

* Did the school adopt the policy, rule or standard with an honest and good-faith belief that the policy was necessary to accomplish its service-related purpose?

* Is...